ASBESTOS CEMENT, LTD. Vs. CHIEF INSPECTOR OF FACTORIES, GOVERNMENT OF WEST BENGAL, CALCUTTA, AND OTHERS
LAWS(CAL)-1983-2-28
HIGH COURT OF CALCUTTA
Decided on February 09,1983

ASBESTOS CEMENT LIMITED Appellant
VERSUS
CHIEF INSPECTOR OF FACTORIES, DIRECTORATE OF FACTORIES, GOVT, OF WEST BENGAL Respondents

JUDGEMENT

- (1.) The petitioner Asbestos Cement Limited carries on business of manufacture and sale of Asbestos Cement Products and operates four factories at Mulund in Maharashtra, at Kymore in Madhya Pradesh, at Podanur in Tamil Nadu and at 1, Taratolla Road, Calcutta. The entire factory of the petitioner at Calcutta is divided for administrative convenience into different departments and the particulars of such departments along with the nature of the work that the workers are required to perform in the said departments have been set out in para 2 of the petition. It is also mentioned in the said para that the workers of the petitioner's factory at Calcutta are allotted duties from time to time in different sections or departments as the necessity arises and overtime work is also done by the workers in the said departments according to the exigencies, absenteeism or requirement of work.
(2.) On 19-3-82 the Inspector of Factories, Government of West Bengal (respondent 3) inspected the petitioner's Calcutta Factory and after such inspection issued an inspection report dt. 25-3-82 to the effect that the petitioner had committed certain infractions in complying with the provisions of the Factories Act, 1948, and the Rules framed there under (hereinafter referred to as the Act and the Rules) as mentioned in the said notice, being Inspection Report No. 270, a copy of which has been annexed to the petition and marked with the letter 'A'.
(3.) On receipt of the Inspection Report the petitioner gave a reply to respondent 3 explaining and clarifying certain points, especially as to the computation of overtime wages, but respondent 1, viz., the Chief Inspector of Factories, by a letter No. 1168 dt. 28-5-82 issued directions on the petitioner with reference to the aforesaid inspection report of respondent 3 as follows : "As regards S. 59 of the said Act (Factories Act), workers should be paid at double the ordinary rate of wages in respect of overtime work. Accordingly the following allowances should be included in calculating the ordinary rate of. wages (a) Beater allowance (b) Canteen allowance (c) Washing allowance (d) House rent allowance (e) Relieving allowance and (f) Other allowance, if any. The respondents further directed your petitioner to arrange for payment in respect of overtime work for the last three years including the said allowances." A copy of the letter dt. 25-8-82 containing the aforesaid directions has been annexed to the petition and marked with the letter 'D'.;


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